Florida Supreme Court Mediator Ethics Advisory Committee (MEAC) / Florida
MAY A MEDIATION TRAINEE PERFORM ANOTHER ROLE IN THE SAME SESSION?
The opinion concluded that a trainee attending for certification mentoring may not occupy another role in the same mediation. The parties must understand and approve the trainee’s presence and role.
Case at a glance
- Court or authority
- Mediator Ethics Advisory Committee, Florida Supreme Court
- Authority status
- Court decision
- Jurisdiction
- Florida
- Subject
- Role limits for a trainee attending mediation to satisfy mentoring requirements.
Procedural posture and result
Advisory-opinion request concerning role limits for a trainee attending mediation to satisfy mentoring requirements. RESULT: The opinion concluded that a trainee attending for certification mentoring may not occupy another role in the same mediation. The parties must understand and approve the trainee’s presence and role.
What happened and what the authority decided
The committee considered whether a trainee present to observe or obtain mentoring credit could also perform a different function during the same mediation.
The opinion concluded that a trainee attending for certification mentoring may not occupy another role in the same mediation. The parties must understand and approve the trainee’s presence and role.
What this tells the mediator
Combining roles creates confusion about neutrality, confidentiality, authority, and who is responsible for the process.
Practical guidance
- Identify the trainee and purpose before the session begins.
- Obtain informed consent from every party and participant required by rule.
- Keep the trainee within the approved observation or co-mediation role.
- Do not assign advocacy, expert, interpreter, or administrative functions during the same case.
- Remove the trainee if role boundaries cannot be maintained.
Mediator takeaway
One mediation participant should not shift between trainee, neutral, advocate, or expert roles.